Rajinder Kaur And Anr. vs State
1994 Latest Caselaw 400 Del

JUDGMENT

J.K. Mehra, J.

(1) This is a petition for the grant of letter of Administration to the petitioners in respect of the properties of Shri Gurdip Singh Anand since deceased who according to the death certificate filed on Court record had died at his permanent address, C-10 Daya Nand Colony, Lajpat Nagar, New Delhi on6.11.1985.

(2) It is stated in the petition that Mr.Gurdip Singh Anand died inter-state undinspite of due diligence and search, no Will or codicil of the deceased has beenfound.

(3) Notices of this petition were duly served on all near relations as mentioned in para 3 of the petition, one of whom, namely, Mrs. Kulwant Kaur,mother of the deceased has stated that she does not have any objection if the letter of administration is granted to the petitioners. There is no opposition to the grant.The petition was also advertised in the-"Statesman" and the notice has also been served on the Chief Controller of Revenue, Ludhiana, Punjab. There has been no opposition from any of the respondents.

(4) In the present case, in support of the averments made in the petition,Counsel for the petitioners, has examined the petitioner as P.W.1, who is the widow of the deceased and petitioner No.2 is the minor son of the deceased and has been represented through petitioner No.1 as his natural guardian. She has stated on oath that she does not have adverse interest qua petitioner No.2. P.W.1has further proved the Death Certificate which is Ext.P.1. P.W.1 has further produced a Dissolution Deed being Ext.P.2 in proof of the deceased having become owner of the property allotted to M/s Dashmedh Carriers wherein the deceased was a partner by Ludhiana Improvement Trust at Ludhiana and after the dissolution of the partnership the deceased became the sole proprietor of the said and consequently became absolute owner of the plot of land. Ext.P.S is the Guru mukhi script of the letter of allotment received by the said firm whereby a plot of 500 sq. yards was allotted by Ludhiana Improvement Trust to M/s Kamal Transport Company and M/s Dashmedh Carriers and the said plot was to be divided half and half between the said two firms. Ext.P.3A is the true English translation of the said allotment letter.

(5) Mrs. Kulvinder Kaur, the mother of deceased also appeared and made a statement to the effect that she does not have any objection if the letters of administration in respect of the properties of the deceased are issued in favor of the petitioners.

(6) The citation pursuant to order dated 19/02/1988 was published in "Statesman" on 1.2.1989.

(7) There being no opposition to the grant of letter of administration, I seen impediment in the way of grant of letters of administration in favor of Petitioner No.1. There cannot be any grant in favor of Petitioner No.2 who is still a minor. I, accordingly, allow this petition in part and grant letters of Administration to the petitioner No.1 in respect of the properties of Shri Gurdip SinghAnand, since deceased inter-state. Subject to her executing a security bond undertaking to protect minor's (Petitioner No.2) interest and filing in this Court a true and correct account of the minor's share in the estate. Cash assets realized which fall to the share of the minor, petitioner No.2 shall be kept by the petitionerNo.1 in a fixed deposit in any Scheduled Bank. The petitioner No.1 shall file the requisite statements of the realisations of the estate and its re-disbursement respectively as per rules within six months and one year or within such extendedperiod as the Court may allow. Let the requisite stamp be supplied by the petitioner No.1 and letters of administration be engrossed thereon.